HomeMy WebLinkAboutAgenda - 02-24-2014 - C13
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 24, 2014
Action Agenda
Item No. C.1
SUBJECT: Class A Special Use Permit — Solar Array off Redman Road in Cheeks
Township
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Application Packet
2. Property and Vicinity Map
3. Staff Comments
4. Notification Materials and Certification
INFORMATION CONTACT:
Michael D. Harvey, Planner III (919) 245 -2597
Craig Benedict, Director (919) 245 -2575
PURPOSE: To hold a quasi-judicial public hearing and receive comment on a Class A Special Use
Permit application in accordance with Section 2.7 Special Use Permits and Section 5.9.6 (C) Solar
Array - Public Utility of the Orange County Unified Development Ordinance (UDO).
A quasi-judicial hearing means that testimony is sworn and evidence must be competent and
substantial. Hearsay or unsubstantiated opinions are not sufficient testimony.
BACKGROUND: On December 20, 2013 staff received an application proposing the development
of a solar array on 2 parcels of property totaling 52 acres in area owned by Stout Farm LLC off of
Redman Road.
The basic facts of the application are as follows:
Applicant: Strata Solar Stout Farm LLC
1119 US 15 -501 Hwy South 1513 Crepe Myrtle Dr.
Suite 101 Sanford, NC 27330
Chapel Hill, NC 27516
Agent(s)- Strata Solar
Location: Redman Road (Please refer to Attachment 2 for a vicinity map of
the project)
Parcel Information: a. PIN(s): 9844 -06 -5971 and 9844 -17 -2687.
b. Size of parcel(s): 52 acres. Strata Solar is proposing to lease
the entire 52 acres to support the proposed utility operation.
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c. Zoning of parcel(s): Rural Residential (R -1), Upper Eno
Protected Watershed Protection Overlay District, and Major
Transportation Corridor (MTC) Overlay District.
d. Township: Cheeks.
e. Future Land Use Map Designation: Commercial Industrial
Transition Activity Node (CITAN).
f. Growth Management System Designation: Urban.
g. Existing Conditions /Physical Features: Both properties are
undeveloped and wooded.
There are streams towards the southern portion of the property,
adjacent to Interstate 85/40 and a pocket of wetlands as denoted
on the submitted site plan.
There is an existing power line easement running through the
property.
h. Roads: Vehicular access to the parcel is off of Redman Road.
Surrounding Land Uses: a. NORTH: Southern Railroad line, Single- family residential zoned R-
1 and Efland Cheeks Highway 70 Corridor (ECOD) Overlay District.
b. SOUTH: Interstate 85/40.
c. EAST: Single- family residential, large undeveloped parcels of
property, zoned R -1.
d. WEST: Non - residential land use (furniture manufacturing), large
undeveloped parcels of property, and a utility substation owned and
maintained by Duke Energy, zoned Economic Development
Buckhorn High Intensity (EDB -2).
Proposal: As detailed within Attachment 1, the applicant is proposing to erect individual solar array
panels on the properties.
A typical array is 7 to 8 feet in height, with approximately 2 to 3 feet of ground clearance depending
on its angle, and is approximately 63 feet in length. The arrays will be screened by existing
vegetation and a 6 foot high chain link security fence, topped with 3 strand barbed wire, shall enclose
the perimeter of the array to prevent access. Gravel paths /drives will be installed around these
arrays in order to permit access by Strata Solar technicians to service the panels. The applicant is
indicating they will observe a 50 foot landscaped buffer along the property lines abutting residentially
zoned property to the east of the project as required by the UDO.
Vehicular access to the site is restricted by a 24 foot access gate off of Redman Road. According to
the applicant the Eno Volunteer Fire Department and Orange County EMS shall be provided a key to
access the site in the event of an emergency. An overhead, medium voltage, power line will be
installed on the west of the identified leased area allowing the proposed facility to tie into the
power grid via the existing electrical substation to the west of the property.
The applicant is not proposing to develop a business or other similar office facilities on the
property. As a result there is no septic or well system proposed, or required, as part of the
project.
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Ordinance Requirements — Class A Special Use: in accordance with Section 5.9.6 (C) (2) Solar
Arrays of the UDO, the project is required to demonstrate compliance with the following
standards of evaluation:
(a) All on -site utility and transmission lines shall, to the extent feasible, be placed
underground.
STAFF COMMENT. Based on language provided on the site plan the applicant is
proposing to adhere to this requirement.
(b) The height of proposed arrays and support structures shall not exceed 40 feet.
STAFF COMMENT. Data on the submitted site plan, specifically the typical rack
height elevation, indicates the height of the racks will be approximately 8 feet from
ground elevation. No other support structures, other than utility poles, are
proposed.
(c) Individual arrays /solar panels shall be designed and located in order to prevent
reflective glare toward any inhabited buildings on adjacent properties as well as
adjacent street rights -of -way.
STAFF COMMENT. Detail in the application narrative indicates the applicant will
comply with this provision.
(d) A clearly visible warning sign concerning voltage must be placed at the base of all
pad- mounted transformers and substations.
STAFF COMMENT. Note(s) on the site plan indicate warning signs shall be
erected as required by the UDO.
(e) All mechanical equipment of principal solar energy systems including any structure for
batteries or storage cells, shall be completely enclosed by a minimum eight (8) foot
high fence with a self - locking gate, and provided with screening in accordance with
the provisions of Section 6.8.
STAFF COMMENT. The site plan indicates the site shall be enclosed by a 8 foot
high security fence and there will be screening around the eastern perimeter of the
project (i.e. adjacent to residentially zoned property). As previously indicated a 50
foot wide buffer shall be preserved /installed along the eastern property line.
(f) The applicant shall submit proof of liability insurance covering bodily injury and
property damage demonstrating a minimum coverage limit of $ 500,000.00 per
occurrence.
STAFF COMMENT. The narrative provides language denoting the applicants
compliance with this provision.
(g) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the
parcel, easement, or leasehold area located adjacent to property zoned, or otherwise
utilized for, residential use except where such property is owned, leased or consists of
other utility easements currently used for electrical distribution or transmission
purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
STAFF COMMENT. The site plan indicates land use buffering requirements are
met.
A
In reviewing the request with other County departments, the following comments have been
received:
1. The Sheriff's Department has indicated the proposed development will not require
existing patrol patterns to be altered.
2. EMS staff has indicated that Eno Volunteer Fire Department will provide fire services and
that Orange County EMS will provide emergency medical services. They do not believe
the request will create a service provision problem for them.
3. There are no septic or well systems proposed for the property.
4. The Planning Department and the Department of Environment, Agriculture, Parks, and
Recreation ( DEAPR) staff has reviewed the proposal and determined the request, if
approved, will have no significant impact to existing habitat area warranting special
consideration or protection based on information contained within the Inventory of Natural
Areas and Wildlife Habitats for Orange County North Carolina
DEAPR staff has indicated there is a historically significant property immediately to the
east of the project, specifically the Efland Home for Girls, built in the 1920s, at 201
Redman Road (PIN 9844 -17- 5959). The main school /residence hall building still stands
and is largely intact. It does not presently have any special local, state or federal historic
designation but has been flagged by the Orange County Historic Preservation
Commission as being historic and potentially eligible for historic designation.
DEAPR staff has further indicated the proposed 50 foot buffer ought to be sufficient to
address any impacts and has expressed no concerns with respect to the project moving
forward.
(STAFF NOTE: The property is labeled on the vicinity map contained in Attachment 2).
5. Orange County Solid Waste has indicated the request, if approved, will not impact
service provision to the surrounding area.
6. The project has been submitted to the State Clearinghouse for review. Based on these
comments, staff has determined a formal Environmental Impact Statement is not
required.
Please refer to Attachment 3 for additional detail.
Analysis: As required under Section 2.7.4 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application' and pass that analysis on to the reviewing
body. In analyzing this request, the Planning Director offers the following-
1 . The application has been deemed complete in accordance with the requirements of
Section 2.7 of the UDO.
2. Staff has determined that the property is of sufficient size to allow for the development of
the project.
3. The proposal is not expected to have a negative impact on existing development in the
area.
4. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
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a. Natural and Cultural Systems Goal 1: Energy conservation, sustainable use of
non - polluting renewable energy resources, efficient use of non - renewable energy
resources and clean air.
b. Objective AE -15: Foster participation in green energy programs such as
installation incentives for solar hot water /solar generation /solar tempering in
residential or commercial construction. The County should develop programs that
will link citizens and businesses with options for alternative and sustainable energy
sources.
c. Objective AG -8: Encourage the use and production of natural fuel alternatives to
petroleum based products and pursue new types of energy sources.
Notification Requirements: Per Sections 2.7.5 of the UDO, staff has caused a notice of this
hearing to be published: `as least twice in a newspaper of public circulation in the County for
two (2) successive weeks: ` no less than ten (10) days nor more than twenty -five (25) days'
before the public hearing.
On February 12, 2014 staff posted a sign on the property providing a notice of the date, time,
and location of the public hearing. Staff also sent written notice by certified mail to all adjacent
property owners located within 500 feet of the subject property as required by Section 2.7.5 of
the UDO. This notice was sent on February 7, 2014 (see Attachment 4).
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Receive the application,
2. Conduct the quasi-judicial Public Hearing and accept all evidence and sworn testimony
as well as public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the County Board of Commissioners in time for the May 8, 2014 BOCC regular
meeting.
4. Adjourn the public hearing until May 8, 2014 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Attachment 1
Orange County Plang n� and Inspections Department
1=
APPLICATION FOR •
CLASS A SPECIAL USE PERMIT
APPLICANT INFORMATION:
Date:
Applicant: Stout Farm, LLC
Phone: 919- 960 -6015
Address: 50101 Governors Drive, Suite 280
Cell Phone:
Chapel Hill, NC 27517 E -mail: info @stratasolar.com
Agent: Elizabeth C. Trahos, Attorney Phone; 919 - 755 -8760
Address: Smith Moore Leatherwood Cell Phone: 919 - 306 -1394
434 Fayettev' e Street, Suife 2800
Raleigh, NC 27601 E -mail: beth.trahos @smithmoorelaw.com
Address of subject property: SR 1311, Mebane, NC 27302
Parcel Identification Number (PIN): 9844 -06 -5971 8c 9844 -17 -2687 Lot Size: 52.66 acres (both parcels)
Zoning Designation: Residential -1 Watershed Overlay: Upper Eno Protected
Other Overlay Zoning Districts: _
Request (include detailed description of proposed land use): See attached "Statement of justification in Support of
the Special Use Permit Application."
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SUBMITTAL INFORMATION Per Section 2.7.3 of the Unified Development Ordinance (UDO), all
Class A Special Use Permit applications are required to submit the following:
1) 26 copies of a site plan prepared by a registered North Carolina land surveyor, landscape architect, architect, or
engineer containing all required information detailed within Section 2.5 of the UDO. This site plan will also need to
contain all relevant information demonstrating that the proposed special use compliance with all general and specific
standards governing the proposed special use as detailed within Article(s) 5 and 6 of the UDO.
2) A detailed narrative outlining the proposed land use including operational requirements, the location of facility,
appearance, etc.,
3) Docu nentation establishing compliance with Section 5.3.2 inclusive of the UDO.
4) The names and addresses of the owners involved with the project,
5) A list of property owners within 500 feet of the subject parcel and the name and address of each property owner, as
currently listed in the Orange County tax records,
6) Elevations of all structures proposed to be used in the development,
7) 26 copies of the Environmental Assessment and /or Environmental Impact Statement if required by Section 6.16 of the
UDO,
8) Statement outlining the anticipated development schedule for the completion of the project,
NOTE: It should be remembered that the review of all special use permit applications /modifications
are carried out in a quasi-judicial format meaning that decisions relating to the approval or denial of an
application are based solely on the sworn testimony of all parties involved with the case, both those for
and against an application, as well as the review of competent material and substantial evidence
submitted during the public hearing.
Further the applicant has the burden of establishing, by the submission of competent material and
substantial evidence, the existence of facts and conditions that demonstrate the projects compliance with
the various requirements and standards detailed within the Unified Development Ordinance.
I (we), the undersigned, have been made aware of-' the process for the review and action associated with a
Class A Special Use Permit application and understand that only completed applications, containing all
information required by the Orange County UDO shall be reviewed and acted upon by the County.
I (we) understand that it shall be my (our) responsibility to present evidence to the County in the form of
sworn testimony, exhibits, documents, models, plans, and the like support the request for approval of the
Class A Special Use Permit.
Further I (we) understand that any assistance I (we) may receive from County staff in preparing this
application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does
it guarantee an approval of the request by the County.
—5
s
Applicant Date:
f _
Applicant Date:
SUBMITTAL INFORMATION Per Section 2.7.3 of the Unified Development Ordinance (UDO), all
Class A Special Use Permit applications are required to submit the following:
1) 26 copies of a site plan prepared by a registered North Carolina land surveyor, landscape architect, architect, or
engineer containing all required information detailed within Section 2S of the UDO. This site plan will also geed to
contain all relevant information demonstrating that the proposed special use compliance with all general and specific
standards governing the proposed special use as detailed within Article(s) 5 and 6 of the MO.
2) A detailed narrative outlining the proposed land use including operational requirements, the location of facility,
appearance, etc.,
3) Documentation establishing compliance with Section 5.3.2 inclusive of the UDO.
4) The names and addresses of the owners involved with the pr(�ect,
5) A list of property owners within: 500 feet of the subject parcel and the name and address of each property owner, as
currently listed in the Orange County tax records,
6) Elevations of all structures proposed to be used in the development,
7) 26 copies of the Environmental Assessment andtor Environmental hnpact Statement if required by Section 6_ t6 of the
TJD0,
8) Statement outlining the anticipated development schedule for ibe completion of the project,
** NOTE: It should be remembered that the review of ail special use permit applirationsfmodittrations
are carried out in a quasiyudiciat format meaning that decisions relating to the approval or denial of an
application are bared solely on the sworn testimony of all patties involved with the case, both those for
and against an application, as well as the review of competent material and substantial evidence
submitted during the public hearing.
Further the applicant has the burden of establishing, by the subntMon of competent material and
substantial cvidence, the existence of facts and conditions that demonstrate the projects compliance with
the various requirements and standards detailed within the Unifiled Development Ordinanee. **
I (we), the undersigned, have been made aware of the procxss for the review and action associated with a
Class A Special Use Permit application and understand that only completed applications, containing all
information required by the Orange County UDO shall be reviewed and acted upon by the County.
I (we) understand that it shall be. niy (our) responsibility to present evidence to the County in the form of
sworn testimony, exhibits, documents, models, plans, and the like support the recluest for approval of the
Class A Special Use Permit,
Further I (we) understand that any assistance I (we) may receive from County staff in preparing this
application in no way guarantees a favorable recommenclation by staff on the merits of this proposal nor does
it gtwantee an I cif a reytrest by the County.
Applicant hare;
Date-
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SUBMITTAL INFORMATI; " Per Section 2.7.3 of the Unified D lopment Ordinance (UDO), all
Class A Special Use Permit applications are required to submit the following:
1) 26 copies of a site plan prepared by a registered North Carolina land surveyor, Iandscape architect, architect, or
engineer containing all required information detailed within Section 2.5 of the UDO. This site plan will also need to
contain all relevant information demonstrating that the proposed special use compliance with all general and specific
standards governing the proposed special use as detailed within Article(s) 5 and 6 of the UDO.
2) A detailed narrative outlining the proposed land use including operational requirements, the location of facility,
appearance, etc.,
3) Documentation establishing compliance with Section 5.3.2 inclusive of the UDO.
4) The names and addresses of the owners involved with the project,
5) A list of property owners within 500 feet of the subject parcel and the name and address of each property owner, as
currently listed in the Orange County tax records,
6) Elevations of all structures proposed to be used in the development.,
7) 26 copies of the Environmental Assessment and/or Environmental Impact Statement if required by Section 6.16 of the
UDO,
8) Statement outlining the anticipated development schedule for the completion of the project,
** NOTE: It should be remembered that the review of all specW use permit applications /modifications
are carried out in a quasi-judicial format meaning that decisions relating to the approval or denial of an
application are based solely on the sworn testimony of all parties involved with the case, both those for
and against an application, as well as the review of competent material and substantial evidence
submitted during the public hearing.
Further the applicant has the burden of establishing, by the submission of competent material and
substantial evidence, the existence of facts and conditions that demonstrate the projects compliance with
the various requirements and standards detailed within the Unified Development Ordinance. **
I (we), the undersigned, have been made aware of the process for the review and action associated with a
Class A Special Use Permit application and understand that only completed applications, containing all
information required by the Orange County UDO shall be reviewed and acted upon by the County.
I (we) understand that it shall be my (our) responsibility to present evidence to the County in the form of
sworn testimony, exhibits, documents, models, plans, and the like support the request for approval of the
Class A Special Use Permit.
Further I (we) understand that any assistance I (we) may receive from County staff in preparing this
application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does
it guarantee an approval of the request by the County.
v cr
Applicant Date:
Applicant Date.
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STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COMMISSIONERS AND PLANNING
BOARD
COUNTY OF ORANGE
IN RE: Stout Farm, LLC, Solar Array — Public Utility
Orange County PINs: 9844 -06 -5971 and 9844 -17 -2687
Address: SR 1311, Mebane, North Carolina
STATEMENT OF JUSTIFICATION IN SUPPORT OF THE
SPECIAL USE PERMIT APPLICATION
NOW COMES THE PETITIONER, by and through counsel of record, and respectfully
requests approval of their application for a special use permit to operate a solar array —
public utility. In support of this request, Petitioner provides the following information:
I. Introduction
Stout Farm, LLC proposes to construct a solar array — public utility on 52.66± acres of
land owned by David Stout, Sr. and Stephen Stout. The property is located just west of
the Efland community off US 70W, with access from Redman Crossing Road onto SR
1311. This short section of state road provides access to the Stout properties and adjacent
Redmanrhino property.
The property is currently zoned Residential -1 (R -1) within the Upper Eno Protected
Watershed Overlay District. Adjacent properties are developed as a single- family home,
Duke Energy substation, and warehouse /light industrial. The site is bordered by the I-
40/I -85 Highway corridor to the south and on the north (on the other side of SR 1311) by
the Norfolk Southern/North Carolina Railroad. Adjacent properties are also zoned R -1
and Economic Development Buckhorn Higher Intensity (EDB -2). The site on the Future
Land Use Plan is designated as Commercial - Industrial Transition.
An overarching theme of the Orange County Comprehensive Plan is a desire to create a
sustainable future. In Chapter 1, the Plan Overview, the Orange County Comprehensive
Plan states that "...we must seek to develop a community that meets the needs of the
present generation without compromising the ability of future generations to meet their
needs." This solar array — public utility fulfills the County's goal to reduce dependence
on fossil fuels and nuclear power and turn to a sustainable form of energy generation.
The solar array — public utility will contain rows of Photovoltaic (PV) cells mounted on
posts set in the ground by hand. The posts are set individually in an effort to minimize
the amount of grading on site. These rows of PV cells are referred to as "solar arrays."
The solar arrays will be fixed in place facing south in order to receive the maximum
amount of solar energy. This configuration contains no moving parts. The power
generated from the solar array — public utility will be sold to Duke Power Company for
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use by Orange County and consumers in place of power produced by non - sustainable
means.
II. Statement in Support of Application
This Class A Special Use Permit application for a Solar Array - Public Utility meets all
general standards for approval as required by Section 5.3.2 (A), and those specific
standards required by Section 5.3.2 (B). This Statement addresses both general and
specific standards as required by Orange County Ordinance.
A. The use will maintain or promote the public health safety general welfare if
located where proposed and developed and operated according to the plan as submitted
The proposed solar array — public utility will not materially affect the public health or
safety. Access to the site will be from unpaved Secondary Road 1311 to Redman
Crossing Road, then onto US 70W. The site will generate virtually no traffic. The solar
array — public utility will not be staffed daily. Employees are expected to visit the
property weekly or less frequently to check and maintain the equipment, mow the grass
and make repairs. Two gravel parking spaces will be provided for employee use.
The active area of the solar array — public utility will be enclosed by an eight foot (8')
high fence and gated for security purposes. Access codes to the gate will be provided to
local police, fire, and emergency service providers. Vehicular access to the site is
adequate for the use proposed and for emergency services.
There will be no buildings or employees on the property so there is no need for sewage
disposal facilities, solid waste, and water on the site.
The proposed solar array — public utility will protect against soil erosion and
sedimentation. Care is taken to minimize grading on the site by hand setting poles to
support the solar cells. The areas beneath the solar panels will be planted with grass or
alfalfa to stabilize the site. During construction, erosion control measures will be
maintained in accordance with the County regulations and the site will comply with
County stormwater regulations. All environmental buffers will be maintained and
respected.
B. The use will maintain and enhance the value of contiguous property (unless the use is
a public necessity, in which case the use need not maintain or enhance the value of
contiguous property).
The proposed use will maintain and enhance the value of contiguous properties. A solar
array — public utility is virtually silent. The solar arrays proposed have no moving parts.
The only sound is the quiet hum of electrical transformers, invertors and substation that
deliver the solar power to the power grid. Similar facilities are located in neighborhoods
to deliver power to homes. At night, when the sun is not available, there is no energy
being created and no noise on the site. Solar array — public utility generate far fewer
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vehicles trips than one average single - family home. Employees visit the site once a week
or even less frequently. Solar panels are designed to absorb light, rather than reflect it.
Solar energy is a public necessity. Demand for electricity has increased in recent years
and our society is dependent upon conventional sources of power such as coal, gas,
nuclear and hydro energy. Conventional sources of electricity are expensive, finite
resources that require significant environmental disruption and public safety risk to
maintain or extract. Solar energy is a clean, cheap, unlimited resource with little
environmental impact. The demand for power will not decline. We must embrace
renewable means of power generation.
C. The location and character of the use if developed according to the plan submitted
will be in harmony with the area in which it is to be located and the use is in compliance
with the plan for the physical development of the County as embodied in these
regulations or in the Comprehensive Plan or portion thereof, adopted by the Board of
County Commissioners.
The proposed solar array — public utility is consistent with the land use pattern that exists
in the area today. The site of the proposed solar array — public utility is bordered on the
north by SR 1311 and the Railroad, and on the south by the I- 40/1 -85 Highway corridor.
Located on the west side of the site is a Duke Energy substation, and Redmanrhino, a
wood office and store fixture manufacturer. A single- family residence borders the site on
the east; however, it is the only residential use close to the property. A Type D Land Use
buffer will be provided in accordance with the Orange County Code.
The proposed solar array — public utility is consistent with the Orange County Land Use
Plan. Throughout the Orange County Land Use Plan references are made to the County's
desire to encourage locally - generated alternative energy resources and to promote
alternative and sustainable fuels. The Greenhouse Gas Emission Inventory and Reduction
Action Plan initiated by Orange County in 2006 suggested that private alternative energy
production be encouraged in the County. The Orange County Comprehensive Plan
designates this as an area of Commercial- Industrial Transition. Allowing the subject
property to develop as a solar array — public utility provides an opportunity for locally
generated energy resources in Orange County and creates income for the property owners
and tax base for the County.
The proposed solar array — public utility will consume practically no county services: no
seats in county schools or on school buses, virtually no refuse or recycling needs, no
special sheriff protection, no light pollution, no emissions of any kind, no demand for
water from depleted aquifers and no sewage disposal.
D. The method and provision of sewage disposal facilities solid waste and water is
adequate.
This facility will be unmanned- there will be no space designed or utilized for human
occupancy. Water and sewage disposal facilities are not necessary, and will not be
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provided to the site. Solid waste disposal will be similarly unnecessary. Any refuse
generated by landscape maintenance or facility repair will be removed from the site and
disposed of by the professional service providers using approved and safe methods.
E. Police, fire and rescue squad protection is sufficient to the site
There will be little, if any demand for police fire or rescue squad protection at this
location. The facility will be unmanned with no space designed or utilized for human
occupancy.
F. Vehicular access to the site and traffic condition around the site are acceptable
The property is located just west of the Efland community off US 70W, with access from
Redman Crossing Road onto SR 1311. This short section of state road provides access to
the Stout properties and adjacent Redmanrhino property. The proposed Solar Array -
Public Utility will generate less traffic than one (1) single family home after construction.
G. The proposed Class A Special Use Permit is for a Solar Array - Public Utility
subject to the requirements of Section 5.9.6 (C)(2 ) and 3) as follows:
(a) All on -site utility and transmission lines shall to the extent feasible be placed
underground.
Utility and transmission lines shall be placed underground to the extent
feasible.
(b) The height of proposed arrays and support structures shall not exceed 40 feet.
Arrays and support structures do not exceed forty feet (40') in height.
(c) Individual arrays /solar panels shall be designed and located in order to prevent
reflective Aare toward any inhabited buildings on adjacent properties as well as
adjacent street rights -of -wax.
Reflective glare is not ordinarily associated with solar panels. Solar
panels absorb rather than reflect light. The Federal Aviation
Administration has given permission for solar panels to be located at
airports where reducing glare is of paramount importance.
(d) A clearly visible warning sign concerning voltage must be placed at the base
of all pad- mounted transformers and substations.
The site will be appropriately signed.
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(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a minimum
eight (8) foot high fence with a self - locking gate, and provided with screening in
accordance with the provisions of Section 6.8.
The site will be enclosed in accordance with this section.
(f) The applicant shall submit proof of liability insurance covering bodily injury
and property damage demonstrating a minimum coverage limit of $ 500,000.00
per occurrence.
Appropriate liability insurance will be provided for the site.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to property
zoned, or otherwise utilized for, residential use except where such property is
owned, leased or consists of other utility easements currently used for electrical
distribution or transmission purposes. Existing vegetation may be used to satisfy
the landscaping requirements.
A buffer meeting the Orange County Code, Unified Development
Ordinance is shown on the associated site plan and will be maintained on
the subject property.
(h) Decommissioning
The applicant and owners, as appropriate, agree to the following as conditions in
case the utility is to be abandoned:
(i) The owner /operator of the facility is required to notify the Orange
County Planning Director in writing 60 days prior to the planned cessation
or abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(ii) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(iii) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(iv) Once the infrastructure is removed the property, the owner shall
obtain the necessary Erosion Control permits to re- stabilize the property.
The time frame for completion shall be determined by the Orange County
Erosion Control Officer.
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(v) The owner shall provide financial security in form and amount
acceptable to the County to secure the expense of dismantling and
removing said structures.
(vi) Upon removal of the facility, the Department shall cause a notice to
be recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
Con
im
Application For Environmental Assessment
Project Name: Stout Farm Solar Electric Power Plant
Applicant: Stout Farm, LLC
50101 Governors Drive, Suite 280
Chapel Hill, NC 27517
Phone: (919) 960 -6015
Owner: David Stout Sr.; Stephen Stout
Address: David Stout Sr.: 1513 Crepe Myrtle Dr. Sanford NC 27330
Stephen Stout: 1106 Lakeside Dr. NW Wilson, NC 27896
Phone:
Location of Property: S.R. 1311 (Redman Road), Mebane, Orange County, NC
Acreage: 25.87 Ac; 26.79 Ac Township: Cheeks
Tax Map Reference: 3.31.B.5A PIN(s): 9844065971
3.31.B.5 9844172687
For Department Use Only
Date Received: Reviewed by:
Date Accepted /Rejected:
Summary Comments:
I. General Site Information:
TO BE COMPLETED BY THE APPLICANT, WITH ASSISTANCE FROM PLANNING
DEPARTMENT AS NEEDED
A. Zoning and use of adjacent property:
North: Rl ; Residential South:
East: R1; Residential/ West:
Wooded land
C.
Topography:
Highest Elevation: 703 ft. ±
Lowest Elevation: 660 ft. ±
R1; Highway 85 N / 40 E
R1 /EDB -2• Industrial/
Wooded land
General Direction of Slope: South
Estimated % of property with:
0 -5% Slope: 47% (0 to 3% Slopes - Per USDA Soils Map)
5 -15% Slope: 53% (2 to 6% Slopes — Per USDA Soils Map)
15 -25% Slope: 0%
More than 25% Slope: 0%
(Required only for the portion of the site associated with or impacted by the
proposed activity)
Drainage:
Are there any streams or drainage easements located on the property?
Yes, three jurisdictional streams (two perennial and one intermittent) are
located on the southern and central portions of the site Wetland areas are
located adjacent to the stream channels and drainage swales on site
Is any of the site within a:
Watersupply Watershed: Yes — Upper Eno Protected
Water Quality Critical Area: No
Floodplain: No
Describe:
19
D. Does the property contain any of the following Inventory of Natural or
Cultural Resources?
(As identified in the "Inventory of Sites of Cultural, Historical, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of
Orange County" or the "Inventory of Natural Areas and Wildlife Habitats of
Orange County, North Carolina".)
For each "yes" answer above, please indicate the location on site plan and
complete the following, with the assistance of the Orange County
Environmental Planner. Also complete Attachment A.
1.
2
Type of Resource:
Inventory reference no. or page:
Description of Resource:
Type of Resource:
Inventory reference no. or page:
Description of Resource:
(Attach additional sheets if needed)
20
Yes
No
1.
Cemeteries
X
2.
Archaeological sites
X
3.
Historic sites
X
4.
Areas of geological significance
X
5.
Designated natural areas
X
6.
Designated habitat
X
7.
Other
X
For each "yes" answer above, please indicate the location on site plan and
complete the following, with the assistance of the Orange County
Environmental Planner. Also complete Attachment A.
1.
2
Type of Resource:
Inventory reference no. or page:
Description of Resource:
Type of Resource:
Inventory reference no. or page:
Description of Resource:
(Attach additional sheets if needed)
20
21
I1. To Be Completed By Applicant:
A. Project Description:
1. Describe proposed use of property:
This project proposes the development of a solar electric power plant. The
Stout Solar Farm is located on State Road 1311 (Redman Road) in
Mebane, Orange County, North Carolina. The project site consists of two
contiguous parcels. The property PINs are 9844065971 (25.87 acres) and
9844172687 (26.79 acres). The project area contains 52.66 acres of vacant
wooded land. An industrial building and a Duke Energy sub - station are
located along the western property boundary. An overhead power line
easement is located on the southern and central portions of the site. The
existing soils within the project site are Georgeville silt loam "GeB ",
Herndon silt loam "HrB, Lignum silt loam "Lg ", and Orange silt loam
"Or ". Most of the site (53 %) is in hydrologic soils group "B "; with the
remaining being hydrologic soils group "D ". The site surface drainage
flows generally south toward an unnamed tributary to Seven Mile Creek.
Three jurisdictional streams (two perennial and one intermittent) are
located on the southern and central portions of the site. Wetland areas are
located adjacent to the stream channels and drainage swales on site. FIRM
Panel 3720067400K indicates the project limits do not lie within a special
flood hazard area. The site is located in the Neuse River basin. Project
site Latitude and Longitude is 36.081677° and - 79.202115 °.
The proposed solar farm will consist of fixed solar panels, dual
inverter /transformer areas and a chain link fence along the perimeter of the
array. The project will also include temporary laydown and parking areas,
and a permanent driveway apron along State Road 1311. The installation
of the solar panels themselves will not generally create significant land
disturbance. The panels will be mounted to racks, which are supported by
a series of posts. The posts will be driven directly into the existing ground
without excavation or land disturbance and the existing ground cover will
be allowed to remain to the extent possible. The project area true
disturbance caused by rubber tire vehicles accessing the site to distribute
and install above grade material, a dozen or so small trenches (2' wide, 36"
deep) for wiring the array and rack posts mechanically driven directly into
the ground, is typically about a third of the project limits. All areas
downslope of disturbed areas will be protected by silt fence. No change in
drainage patterns (site drainage remains as sheet flow) or ponding of water
22
will occur as a result of this project. At the completion of construction, the
entire site will be seeded to create a good stand of grass.
The typical construction schedule for these standard farms is limited to
three months. Energy generated by the farm will be distributed to Duke
Energy customers.
2. Number of lots:
3. Number of structures:
4. Estimated square footage of area to be graded for development of attached
residential units (excluding roads, but including parking areas): 0
5. Estimated square footage of area to be graded for non - residential use
(excluding roads) Approx. 3,270 sf (Inverter Pad areas)
0
Estimated area to be graded for roads 0
7. Road Type: Public N/A Private
Class A N/A
Class B N/A
8. Hours of operation for commercial or industrial use:
The solar farm will operate year round and generate electricity during
daylight hours. The facility will be monitored remotely. Security and
minimum maintenance are the only periodic activities anticipated Daily
operation does not require permanent on -site employees
B. State Permits Required:
1. Does the project involve the mining of earth products?
If so, how many cubic feet of material are expected to be excavated?
No — N/A
Has an application for a Mining Permit been submitted to NCDRCD?
23
Please attach map indicating expected extent of proposed activity.
N/A
2. Does the project involve generation or storage of hazardous or toxic
wastes, as identified by the Environmental Protection Agency? (A listing
of all hazardous materials is available from the Planning Department)
Describe the wastes to be generated. There will be no hazardous
material stored or introduced on site.
How much material is expected to be generated per month?
N/A
Will any material be treated onsite?
Volume?
Will any material be stored onside?
Volume?
No
Where will disposal of the material take place?
N/A
How will materials be transported to the disposal site?
N/A
What measures are proposed to protect water quality and air quality in case
of spills?
3. Will the project involve a land application system for treatment of
wastewater? No wastewater treatment is proposed for this project.
If yes, describe
Has an application for a non - discharge permit been submitted to the NC
24
Department of Environmental Management or Orange County Department
of Environmental Health? N/A
4. Is a septic tank system proposed which as a design capacity of more than
3000 gallons per day?
If yes, describe No septic systems are proposed for this project.
Has an application for a non - discharge permit been submitted to the NC
Department of Environmental Management or Orange County Department
of Environmental Health? N/A
5. Does the activity involve sludge disposal? No
If yes, where is the source of the sludge? N/A
Describe where and how the sludge is being disposed.
Has a NPDES permit from the NC Division of Environmental
Management been issued? N/A
6. Water Usage: N/A
a. Estimated no. of employees x 25 gpd = gpd
b. Estimated water use for climate control = gpd
c. Process water:
% consumed
% discharged to septic system
% discharged to surface (including storm sewers)
(describe: )
% evaporated
% reclaimed /reused
% other
100%
d. Water used for cooling, heating, etc., in association with production or
manufacturing
% reused
% consumed
% discharged
(describe:
100%
gpd
Total Water Usage
e. Describe source of water:
N/A — No new water connections or changes are proposed with this
project.
25
Sf Lvs6 Lp Bhf o6b
26
ATTACHEMENT A
TO BE COMPLETED ONLY Ii+ INVENTORY SITES ARE IDENTIFIED
IN I.E.
1.
(ATTACH ADITIONAL SHEETS IF NECESSARY)
a. Impact on Resource from Proposed Development
b. Proposed Mitigation
2.
a. Impact on Resource from Proposed Development
b. Proposed Mitigation
Strata Solar, LLC 27
50101 Governors Drive Suite 280
Chapel Hill, NC 27517 n
Phone: 919.960.6015 SOLAR
Fax: 919.960.7717
December 19, 2013
Statement of Anticipated Development of Stout Solar Farm
Strata Solar, David Stout and Stephen Stout have applied for a Special Use Permit to develop a
5MW Solar Farm on 53 acres in Orange County. We understand that we may work through the
approval process and potentially receive the Special Use Permit approval in May 2014.
Based on an anticipated May, 2014 SUP approval date, Strata would schedule the start of
construction in a @y — September, 2014 window, depending on construction drawing review and
approval by Orange County. The construction and commissioning process is approximately 4
months in duration, and we would anticipate completion by the end of 2014.
Should you have any questions please contact me.
Respectfully,
Louis A. Iannone
Site Development
919 - 9602 -6015 ext. 305
919- 669 -0693 (cell)
Liannone @stratasolar.com
STRATA
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29
30 VICINITY MAP - STRATA SOLAR Attachment 2
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Orange County Planning and Inspections Department
01/10/2014
Attachment _31
ORANGE COUNTY
Department of Environment,
Agriculture, Parks & Recreation
1/_•►_:�� Ill
To: Michael Harvey, Current Planning Supervisor
From: Peter Sandbeck, Cultural Resources Coordinator
Rich Shaw, Land Conservation Manager
Date: February 10, 2014
Re: Proposed 5- Kilowatt Plus Solar Generating Facility — Solar Strata
Stout Farm (Redman Road / US 70W)
Thank you the opportunity to review and comment on this application for constructing solar
generating facilities. DEAPR comments on such developments are generally to address any
concerns with respect to potential impacts on important natural or cultural resources.
This application is for a five - megawatt plus solar facility on the Stout property, 52.66 acres (PIN
9844 -06 -5971 and PIN 9844 -17 -2687) off US 70W just west of the Efland community. Both
parcels are zoned Rural Residential (R -1) Upper Eno Protected Watershed Overlay and Major
Transportation Corridor (MTC) Overlay. The site is bordered by the I -40/85 highway corridor to
the south and by Norfolk Southern /NC Railroad to the north (across SR 1311). Adjacent
properties are a single - family home, Duke Energy substation, and warehouse /light industrial.
Cultural Resources Review Comments_ The project site is immediately adjacent to an identified
historic property, the Efland Home for Girls, built in the 1920s as the state's first centralized
farm residency program for delinquent African American girls. It is located at 201 Redman
Road, immediately to the east of PIN 9844 -17 -2687. The Efland Home consisted of a farm of
140 acres with a school /residence hall building, all built through funds raised by the North
Carolina Federation of Colored Women's Clubs through statewide donations. The 1920's main
school/ residence hall building still stands and is largely intact. It does not presently have any
special local, state or federal historic designation but has been flagged by the Orange County
Historic Preservation Commission as being historic and potentially eligible for historic
designation, either local or via the National Register. Given the historical importance of this
structure to the African - American history of the county and state, the site plan for the proposed
new solar generating facility should include an appropriately designed and planted buffer, at
least as wide as is currently shown on the site plan. The buffer should consist of dense
evergreen vegetation tall enough to provide an appropriate level of visual screening. If properly
screened, the project appears to be consistent with the historic preservation goals in the
Orange County Comprehensive Plan, Goal 4: "Preservation of historic, cultural, architectural and
archaeological resources, and their associated landscapes."
Natural Resources Review Comments There are no known identified or mapped natural
resource areas of significance (e.g., natural heritage sites, proposed wildlife corridors, prime
forest) located on this property. There are two wetland areas and two streams documented on
the property (Eno River tributaries), but the solar arrays are contained well outside of the
31
32
stream corridors. Therefore, the plan appears consistent with the County's desire to minimize
adverse environmental impacts with respect to the protection of floodplains, wetlands, natural
areas and wildlife habitat.
The project is also consistent with policies in the Orange County Comprehensive Plan, such as
the goal of "Energy conservation, sustainable use of non - polluting renewable energy resources,
efficient use of non - renewable energy resources and clean air." [Natural and Cultural Systems
Goal 1, Page 6 -34] and the County's objective of "Foster[ing] participation in green energy
programs such as installation incentives for solar hot water /solar generation/ solar tempering in
residential and commercial construction." [Objective AE -15]
If you have questions please contact Peter at x -2517 or Rich at x -2514.
33
Michael Harvey
From: Kevin Lindley
Sent: Tuesday, February 11, 2014 11:19 AM
To: Michael Harvey
Subject: RE Review of proposed solar farm project off of Redman Road
M ichael,
I reviewed the submission and r o� Ohink there is anything in the plan that falls within my area. Thanksfor the
opportunity to review.
Regards,
Kevi n
34
Michael Harvey
From: Alan Clapp
Sent: Monday, February 10, 2014 7:56 PM
To: Michael Harvey
Subject: RE request for comments- solar facility
M ichael,
SDrry to be late. Environmental Health has no issues since there is not a well or septic on the property.
Alan
Alan Capp
Env. Health Director
P 919 -245 -2360
F. 919- 644 -3006
35
Michael Harvey
From: Wesley Poole
Sent: Monday, February 10, 2014 6:51 PM
To: Michael Harvey; Rich Shaw; Peter Sandbeck; Alan Clapp; Kevin Lindley; Jeff Scouten;
Chuck Edwards (cnedwards@dot.state.nc.us); Steve J Kaltenbach; 'Jones, DeAngelo J
(djjones1 @ncdot.gov); James Bryan
Subject: RE Review of proposed solar farm project off of Redman Road
Erosion Control / gormwater Division comments:
The overall idea presented in the site plan appears acceptable, however I would like to point out the following concerns:
The water features and associated stream buffers shown are 40f§ but not §§A' 04b the field visit by Orange
County staff on September 20, 2013. Please verify the site plan accurately reflects the results of the Surface
Water Identification.
2. With a proposed land disturbance in excessof 10,000 sf in the Upper Eno Protected Watershed, an Erosion
Control Plan will need to be approved and a Land Disturbance Permit will need to be obtained from Orange
County. Depending upon the proposed land clearing activities (conventional vs. non - conventional), temporary
erosion control measures will be required onsite and since the project is in the Falls Lake Watershed, they will
therefore need to be sized for the 25 year storm event. Please verify there is ample space for these temporary
measures.
3. In regards to stormwater, there shall be no net increase in peak flow leaving the site from the pre - development
conditions for the 1 -year, 24 -hour storm. Please verify there is ample space remaining in the event a post -
construction BM Pis required to attenuate peak flow.
4. With a proposed land disturbance in excess of 12,000 sf in the Upper Eno Protected Watershed, a iormwater
Management Plan will need to be approved by Orange County. Also keep in mind that the project is subject to
new development stormwater regulations for the Falls Lake Watershed, so export limitations are 2.2
pounds/acre /year for nitrogen and 0.33 pounds/acre /year for phosphorus. Please verify there is ample space
remaining in the event a post - construction BM Pis required to reduce nutrient loading.
Thanks,
Wesley Poole
Orange County Planning & Inspections Dept.
Erosion Control Division
(919) 245 -2587
36
Attachment 4
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
p�gt , Co6gfA
Administration ® 131 W. Margaret Lane
(919) 245 -2575 12 52 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us '`�h ca =� " °� Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO
HEREBY CERTIFY that in accordance with the provisions of Section 2.7.5 of the Orange
County Unified Development Ordinance I have mailed, or have caused to be mailed, a
Notice of Public Hearing to be held regarding the processing of a Class A Special Use
Permit application submitted by Strata Solar and Stout Farms LLC proposing the
development of a Solar Array /Public Utility Station on 2 parcels of property located off of
Redman Road further identified utilizing the Orange County Parcel Identification Number(s)
(PINs) 9844 -06 -5971 and 9844 -17 -2687.
The owners were identified according to the Tax Records and as required by Section 2.8.7
of the Orange County Unified Development Ordinance. The mailed notice specified the
date, time, place and subject of the Public Hearing.
WITNESS my hand, this 12th day of February 2014.
arvey, AICP
Current Planning Supervisor
37
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245 -2575
(919) 644 -3002 (FAX)
www.co.orange.nc.us
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
February 7, 2014
Subject: REVIEW of a Class A Special Use Permit application submitted by Strata Solar
and Stout Farm LLC to allow for the development of a Solar Array/Public
Utility Station on 2 parcels of property located off of Redman Road (PINS 9844-
06- 5971 and 9844 -17- 2687).
To Whom It May Concern:
This letter is being sent to inform you that the Orange County Board of Commissioners
and the Planning Board have scheduled a joint PUBLIC HEARING to review a Class A Special
Use Permit request, submitted by Strata Solar and Stout Farms LLC (hereafter `the applicant')
to allow for the development of of a Public Utility Redman Road between the Solar a railway and Interstate 85/40 in the
totaling 52 acres in area of
Cheeks Township.
As detailed within the application, the applicants are proposing to erect individual solar array
panels on the aforementioned parcels. A typical array is 7 to 10 feet in height, with approximately 2 to
5 feet of ground clearance, and 47 feet in length. The arrays shall be, screened by existing, and
proposed, vegetation and a 6 foot high chain link security fence enclosing the perimeter of the actual
leased site to prevent access. Vehicular access to the site shall be restricted by a 24 foot access gate
off of Redman Road.
The applicant is not proposing to develop a business or other similar office facilities on
the property. As a result there is no septic or well system proposed, or required, as part of the
proj ect.
The properties in question are zoned Rural Residential (R -1), Upper Eno Protected
Watershed Protection and Major Transportation Corridor (MTC) Overlay Districts and are
located within the Commercial Industrial Transition Activity Node (CITAN) land use category
as denoted on the Future Land Use Map of the Comprehensive Plan and the Urban Designated
Area as denoted on the Growth Management System Map.
As an adjacent property owner you have the right to address the Board(s) concerning this
request. The meeting to review this case is scheduled for Monday February 24, 2014 at 7:00
p.m. in the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough,
North Carolina.
. 38
It should be remembered that the review of all special use permit applications are carried
out in a quasi-judicial format meaning that decisions relating to the approval or denial of a
application are based solely on the sworn testimony of all parties involved with the case, both
those for and against an application, as well as the review of competent material and substantial
evidence submitted during the public hearing.
While County regulations and State law do not require that parties be represented by an
attorney, it may be in your best interests to secure legal council to represent your interests at the
hearing.
Further the applicant -has the burden of establishing, by the submission of competent
material and substantial evidence, the existence of facts and conditions that demonstrate the
projects compliance with the various requirements and standards detailed within the Unified
Development Ordinance. Those opposing approval of the application shall have the burden of
establishing, also through the submission of competent material and substantial evidence, the
specific manner in which the proposal does not satisfy the requirements for approval of the
application.
As previously indicated, the Board shall render a decision only on the sworn testimony of
all parties and on the competent material and substantial evidence submitted during the hearing.
The fall text of the application and staff report for this item may be obtained no later than
February 14, 2014 at the County website www.co.oran eg nc.us at the Meeting Agendas link.
If you have any questions concerning this request, please contact staff at (919) 245 -2575.
Sincerely,
Michael D. Harvey, M, CZO
Current Planning Supervisor
Planner III
Orange County
VICINITY MAP - STRATA SOLAR
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Orange County Planning and Inspections Department
01/10/2014
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HARMONY HOMES OF HILLSBOROUGH
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9844085877
BAILEY
LINDA T
9844087922
ENGLISH
DAVID JR
ENGLISH
9844180866
ENGLISH
JAMES M
9844090010
MITCHELL
VALGENE S
MITCHELL
9844083922
MCCOYS TEMPLE UNITED HOLY CHURCH
INC
9844088875
ENGLISH
DAVID JR
9844182862
POWELL
SANDRA WATSON
9844181838
POWELL
SANDRA W ETAL
WATSON
9844172687
STOUT
STEPHEN EARLY
9844065971
STOUT
DAVID LEE SR
9834977555
REDMANRHINO
LLC
9844071440
DUKE ENERGY
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9844073762
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9844076833
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9844157438
ORANGE
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9844065557
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COUNTY OF
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9844183748STARBUCK
BARBARAJ
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9834987376
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27516
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RALEIGH
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27602
331 WMAINSTSJITE100
DUFH NA
NC
27701
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27278
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